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|Deficiency Judgment Cases In North Carolina Just Got A Lot More Complex|
Jay DeVaney, Brian T. Pearce; Nexsen Pruet, LLC;
October 7, 2015, previously published on September 25, 2015A question that continually arose during the foreclosure deficiency actions that were spurred by the recent “Great Recession,” was whether or not a guarantor on a loan could raise the “defense” offered in N.C. Gen. Stat. § 45-21.36. The statute, thought to apply by its...
|FINRA's Projected 2015 Fines: Not Keeping Pace With 2014’s Total, But Still a Blockbuster Year|
Peter J. Anderson, Eric A. Arnold, Bruce M. Bettigole, Patricia A. Gorham, Olga Greenberg; Sutherland Asbill & Brennan LLP;
September 22, 2015, previously published on September 21, 2015Despite a slowdown in the fines reported in 2015, the Financial Industry Regulatory Authority (FINRA) has continued to flex its enforcement muscle so far this year. During the first half of 2015, FINRA reported $37.5 million in fines in its monthly Disciplinary and Other FINRA Actions publications...
|Lender Held to Hold Unperfected Lien on Payment Right Under Borrower's Business Interruption Insurance Policy|
Lawrence D. Coppel; Gordon Feinblatt LLC;
September 14, 2015, previously published on September 2015In Wheeling & Lake Erie Railway Co. v. Keach (In re Montreal, Maine & Atlantic Railway, Ltd), --F3d--, 2015 WL 4934212 (1st Cir. August 19, 2015), a case of first impression at the appellate level, the US Court of Appeals for the First Circuit, applying Maine law, held that a lender’s...
|Attention Banks and Thrifts: Use Caution Retaining Vendors To Investigate Matters Requiring Attention|
Molly Z. Brown; McDonald Hopkins LLC;
September 14, 2015, previously published on September 11, 2015At least every 12-18 months, federal and state banking regulators conduct an examination of the financial institutions under their jurisdiction to ensure that they are operating in a safe and sound manner and providing fair access to credit. If an examination reveals that practices deviate from...
|Proposed Rule Filed Applying "Gifts" Rule to Municipal Advisors|
J. Andrew Gipson; Jones Walker LLP;
September 11, 2015, previously published on September 10, 2015On September 2, the Municipal Securities Rulemaking Board ("MSRB") filed a proposed rule change with the Securities and Exchange Commission that would apply to municipal advisors limitations on business-related gift giving currently applicable to other municipal securities professionals...
|Proposed US Tax Legislation Aims to Curb Hedge Fund Reinsurance|
Paul J. Ahn, Michael Greenberg, David D. Luce, Gerald Rokoff; DLA Piper (Canada) LLP;
September 10, 2015, previously published on July 1, 2015Senator Ron Wyden (D-OR) has released legislation, the Offshore Reinsurance Tax Fairness Act (ORTFA), which aims to close what he perceives to be a loophole used to exploit an exception to the passive foreign investment company or PFIC tax rules.
|Overview of the Landscape for Evaluating Creditors' Breach of Fiduciary Duty Claims in Delaware|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 2, 2015, previously published on August 31, 2015In our prior post, we discussed the standard a creditor must meet to sue an insolvent corporation for breach of fiduciary duties, as laid out in the Quadrant Structured Products Co., Ltd. v. Vertin decision. Another notable takeaway from the Quadrant decision was the Court’s overview of the...
|Coming Soon - Mandatory Clearing of Interest Rate Swaps Under EMIR|
Brian Barrett, James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
September 2, 2015, previously published on September 1, 2015On August 6, 2015, the European Commission (EC) adopted new rules that will require the clearing of certain over-the-counter (OTC) interest rate swaps pursuant to the European Market Infrastructure Regulation (EMIR) (the EU IRS Clearing Rules). The EU IRS Clearing Rules are subject to approval by...
|Eleventh Circuit: Enhanced TILA Disclosure and Remedies Not Applicable to UCC Article 9 Fixture Filers, As No Security Interest Created in Consumers’ Homes|
Murray B. Silverstein, Jonathan S. Tannen; Greenberg Traurig, LLP;
September 1, 2015, previously published on August 31, 2015The Eleventh Circuit recently ruled that fixture filings do not expose lenders to the enhanced disclosure requirements or remedies of the federal Truth in Lending Act (TILA), holding that a security interest in goods-even if the goods are deemed fixtures-does not extend to consumers’ homes.
|Mixed Result on FDIC Appeal Of Failed-Bank D&O Claims|
George A. LeMaistre; Jones Walker LLP;
August 27, 2015, previously published on August 27, 2015A federal appellate court last week delivered a mixed result to the FDIC in deciding the agency's appeal of trial-court judgments that had been entered in favor of defendant directors and officers of a failed North Carolina bank.